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IRIS 2024-2:1/14 [FR] C8 punished by ARCOM for failing to control programme content

In a decision of 17 January 2024 and in accordance with Article 42-1 of the Law of 30 September 1986, the Autorité de régulation de la communication audiovisuelle et numérique (the French audiovisual regulator – ARCOM) fined the C8 television channel EUR 50 000 for failing to meet its obligations to respect human rights and control programme content during an episode of the programme Touche pas à mon poste broadcast on 30 January 2023. During the disputed sequence, entitled "20-minute people", the programme presenter and pundits discussed a recent controversy...

IRIS 2024-2:1/23 European Court of Human Rights: Allée v. France

In a judgment of 18 January 2024 the European Court of Human Rights (ECtHR) found a violation of the right of a victim of sexual harassment to freedom of expression as guaranteed by Article 10 of the European Convention on Human Rights (ECHR). The case concerns the applicant’s criminal conviction for public defamation following her allegations of harassment and sexual assault against a senior executive of the association where she worked. The ECtHR in particular stressed the need to provide appropriate protection to individuals alleging that they have been subjected to mental or sexual...

IRIS 2024-1:1/3 [FR] CNews application to European Court of Human Rights against CSA formal notice ruled inadmissible

On 27 November 2019, the Conseil Supérieur de l'Audiovisuel (the French audiovisual regulatory body – CSA) issued a formal warning to the company that operates the CNews television channel following comments made by Eric Zemmour, a journalist and political commentator at the time, during the programme ‘Face à l'info’ in which he had been debating with a member of the French Senate on issues linked to immigration, the integration of persons of foreign origin, France’s peri-urban neighbourhoods and Muslims’ place in France. Citing Articles 6(1)...

IRIS 2024-1:1/4 [FR] Contentious comments in a news and entertainment programme: honest presentation of controversial issues and respect for the presumption of innocence

The company C8 asked the Conseil d'Etat (Council of State) to annul decision no. 2022-704 of 16 November 2022 in which the Autorité de régulation de la communication audiovisuelle et numérique (French audiovisual regulator, ARCOM) issued a formal notice requiring it to comply with the provisions of Article 2-3-8 of its licence agreement of 29 May 2019 and Articles 1 and 3 of decision no. 2018-11 issued by ARCOM’s predecessor, the Conseil supérieur de l'audiovisuel (CSA), on 18 April 2018 concerning the honesty and independence of information and news programmes,...

IRIS 2024-1:1/5 [FR] Competition authority conditionally approves Canal Plus Group’s acquisition of OCS and Orange Studio

On 11 July 2023, the Canal Plus Group, which produces pay and free-to-air channels, distributes pay-per-view and subscription video-on-demand, aggregates and distributes pay TV and subscription video-on-demand services, and produces, acquires and distributes films and TV series, notified the Autorité de la concurrence (French competition authority) of its plan to acquire exclusive control of the companies OCS and Orange Studio. Prior to the proposed transaction, OCS was jointly controlled by Orange SA and the Canal Plus Group, operating pay TV channels and a subscription video-on-demand...